hedwig village Divorce Lawyer

Contested divorces aren’t necessarily a bad thing. By utilizing mediation and negotiation, the end result may be a much fairer divorce agreement that both parties are happier with than if they agreed to it without assistance from a divorce attorney.

No-fault divorce

Texas law does not require either party to accuse the other of something specific in order to file for divorce. Effectively, in the eyes of the law, not wanting to be married any longer can be all that is required to commence divorce proceedings legally.

Many divorces happen simply because two partners simply no longer wish to be together, and Texas family law is relatively flexible in enabling couples to end their marriage in this way. Our divorce lawyers at Skillern Firm Divorce & Child Custody Lawyers will help you decide if this is the best approach based entirely on your personal circumstances.

Neither party is considered responsible for the divorce, and it is down to the spouses and their attorneys to decide how to proceed with everything else a divorce case entails.

At-fault divorce

It is not uncommon for either spouse to have their reasons for wishing to pursue a divorce that they consider the fault of their partner. However, one of the reasons why no-fault divorces are so much more popular in Hedwig Village, TX, is that these accusations must fall into one of a limited number of categories.

As such, the spouse making the accusations must be able to prove that their former partner was responsible for one of the following:

It is always worth consulting an attorney from Skillern Firm Divorce & Child Custody Lawyers before making such accusations, not least because they can lead to litigation under criminal law, potentially making the divorce even more complex.

Your Texas lawyer will be able to help you understand the likelihood of a client proving their accusations or may recommend a no-fault divorce instead.

While it does complicate matters, it is often worth pursuing an at-fault divorce if an attorney believes there is a reasonable chance of the accusations being proven.

The nature of at-fault divorces means that they are often highly contested, and there is every chance that the case may ultimately be heard in court by a Judge in Hedwig Village, TX, or the greater Houston area.

If one party is found to be at fault for the breakdown of the marriage, this may work in the other party’s favor. It may, for example, influence the Judge’s decisions surrounding spousal support, child custody, and the division of assets.

Filing for Divorce in Hedwig Village, TX

While a divorce can be complex and arduous, the process can be broken down into four relatively simple stages. Once again, it’s highly recommended to appoint divorce lawyers for each stage as they can help you understandthe divorce process in Harris County and must follow a strict legal process, with any mistakes potentially leading to costly delays.

Filing the divorce petition

The divorce process does not begin until one party files the “Original Petition for Divorce,” which usually also incurs a filing fee. Those fees are non-refundable, so it is worth consulting an attorney to ensure that everything is legally in place and correct.

Divorce lawyers will also advise on the best place to file the petition. If both parties have resided in Hedwig Village, TX for an extended period, then they will file in Harris County, TX. However, if either party has lived elsewhere in Texas, out of state, or even in another country leading up to the divorce, that may alter the available filing options.

Once the filing is accepted, the clerk of the court will assign your divorce a case number, and the divorce process officially begins.

Providing legal notice to the other spouse

Once the case is underway, the spouse that files the petition becomes the Petitioner. In turn, the other spouse becomes the Respondent.

It is the Petitioner’s legal responsibility to notify the Respondent of the filing, and this, again, must follow a strict legal process. It is not permissible for the Petitioner or their family lawyer to merely tell the Respondent of the filing.

Instead, they must either be served an action by an individual over the age of 18 and unrelated to the case or sign a Waiver of Service. This legal document indicates their agreement has been served, although it does not endorse or approve the contents of the filing in any way.

The court hearing

Another vital reason to appoint an attorney for divorce cases is that they inevitably end up in court, even if only once. Even if both parties largely agree on property distribution, child support, custody, and other issues directly associated with the divorce, a Judge will get involved to finalize everything.

The final divorce decree

Once a divorce has been finalized, a Judge will issue the final decree, marking the official end of the marriage. It can take months to reach this stage, especially in cases involving appeals and drawn-out negotiations.

In any case, the Petitioner and Respondent can expect to wait at least 60 days for their divorce to be finalized, as this is the legally stipulated cooling-off period under Texas law.

legal aid Throughout Your Case

Divorce will take months and could potentially take more than a year. Even simpler divorces can last longer than typical criminal cases!

Relatively simple things that are a staple of many families, such as each spouse’s estate and business interests or their employment status, can result in the process being drawn out even further. Children can also make cases more difficult – child support negotiations, child custody arrangements, father’s rights, and visitation are just some of the things that can make any divorce case more challenging for a family.

When you appoint an attorney from Skillern Firm Divorce & Child Custody Lawyers, you can expect our full support at every stage. From the initial filing all the way through to presenting evidence in front of a Judge serving the citizens of Hedwig Village, TX where required, we will ensure you’re equipped with everything you need to know about family law and that we will protect your rights at every turn.

Our divorce lawyers provide legal representation at our offices, in the courtroom, and wherever you need it most, and we’re dedicated to taking as much stress out of the divorce as possible for our clients and their family.

Our services extend not only to family law but to related practice areas too. If you require support with criminal law, business law, immigration law, or anything else as part of your divorce proceedings, we can offer a referral to an attorney who specializes in your needed area.

The Team at Skillern Firm Divorce & Child Custody Lawyers

At Skillern Firm Divorce & Child Custody Lawyers, we pride ourselves on our team of esteemed attorneys. When you seek representation from our law firm, we will assign an attorney who has the most skills and experience in the issues related to your case.

For example, Senior Associate Kathleen LeFevre has practiced family law exclusively since she graduated from the University of Houston Law Center in 2012. Since law school, she has found her passion in complex child custody disputes, including those involving international divorces, adult disabled children, same-sex marriages, and Hague implications.

Kathleen is also a member of the Houston bar association and was rated by Super Lawyers as a Texas Rising Star Attorney 2019.